BILL NUMBER: AB 2285	CHAPTERED  09/08/00

	CHAPTER   357
	FILED WITH SECRETARY OF STATE   SEPTEMBER 8, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 7, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	PASSED THE ASSEMBLY   MAY 3, 2000

INTRODUCED BY   Assembly Member Florez

                        FEBRUARY 24, 2000

   An act to amend Section 20057 of the Government Code, relating to
the Public Employees' Retirement System.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2285, Florez.  Public Employees' Retirement System:
rehabilitation facilities.
   The Public Employees' Retirement Law authorizes various public
agencies, as defined, including regional centers for the
developmentally disabled, to enter into contracts for participation
in the Public Employees' Retirement System, upon obtaining a
specified advisory opinion from the United States Department of
Labor.
   This bill would authorize specified rehabilitation facilities that
contract with those regional centers or with the Department of
Rehabilitation to enter into a contract for participation in the
system, upon obtaining that advisory opinion.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 20057 of the Government Code is amended to
read:
   20057.  "Public agency" also includes the following:
   (a) The Commandant, Veterans' Home of California, with respect to
employees of the Veterans' Home Exchange and other post fund
activities whose compensation is paid from the post fund of the
Veterans' Home of California.
   (b) Any auxiliary organization operating pursuant to Chapter 7
(commencing with Section 89900) of Part 55 of the Education Code and
in conformity with regulations adopted by the Trustees of the
California State University and any auxiliary organization operating
pursuant to Article 6 (commencing with Section 72670) of Chapter 6 of
Part 45 of the Education Code and in conformity with regulations
adopted by the Board of Governors of the California Community
Colleges.
   (c) Any student body or nonprofit organization composed
exclusively of students of the California State University or
community college or of members of the faculty of the California
State University or community college, or both, and established for
the purpose of providing essential activities related to, but not
normally included as a part of, the regular instructional program of
the California State University or community college.
   (d) A state organization of governing boards of school districts,
the primary purpose of which is the advancing of public education
through research and investigation.
   (e) Any nonprofit corporation whose membership is confined to
public agencies as defined in Section 20056.
   (f) A section of the California Interscholastic Federation.
   (g) Any credit union incorporated under Division 5 (commencing
with Section 14000) of the Financial Code, or incorporated pursuant
to federal law, with 95 percent of its membership limited to
employees who are members of or retired members of this system or the
State Teachers' Retirement System, and their immediate families, and
employees of any credit union.  For the purposes of this
subdivision, "immediate family" means those persons related by blood
or marriage who reside in the household of a member of the credit
union who is a member of or retired member of this system or the
State Teachers' Retirement System.  The credit union shall pay any
costs that are in addition to the normal charges required to enter
into a contract with the board.  All the payments made by the credit
union that are in addition to the normal charges required shall be
added to the total amount appropriated by the Budget Act for the
administrative expense of this system.  For purposes of this
subdivision, a credit union shall not be deemed to be a public agency
unless it has entered into a contract with the board pursuant to
Chapter 5 (commencing with Section 20460) prior to January 1, 1988.
After January 1, 1988, the board shall not enter into a contract with
any credit union as a public agency.
   (h) Any county superintendent of schools that was a contracting
agency on July 1, 1983, and any school district or community college
district that was a contracting agency with respect to local
policemen, as defined in Section 20430, on July 1, 1983.
   (i) Any school district or community college district that has
established a police department, pursuant to Section 39670 or 72330
of the Education Code, and has entered into a contract with the board
on or after January 1, 1990, for school safety members, as defined
in Section 20444.
   (j) A nonprofit corporation formed for the primary purpose of
assisting the development and expansion of the educational, research,
and scientific activities of a district agricultural association
formed pursuant to Part 3 (commencing with Section 3801) of Division
3 of the Food and Agricultural Code, and the nonprofit corporation
described in the California State Exposition and Fair Law (former
Article 3 (commencing with Section 3551) of Chapter 3 of Part 2 of
Division 3 of the Food and Agricultural Code, as added by Chapter 15
of the Statutes of 1967).
   (k) (1) A public or private nonprofit corporation that operates a
regional center for the developmentally disabled in accordance with
Chapter 5 (commencing with Section 4620) of Division 4.5 of the
Welfare and Institutions Code.
   (2) A public or private nonprofit corporation, exempt from
taxation under Section 501(c)(3) of the Internal Revenue Code, that
operates a rehabilitation facility for the developmentally disabled
and provides services under a contract with either (A) a regional
center for the developmentally disabled, pursuant to paragraph (3) of
subdivision (a) of Section 4648 of the Welfare and Institutions
Code, or (B) the Department of Rehabilitation, pursuant to Chapter
4.5 (commencing with Section 19350) of Part 2 of Division 10 of the
Welfare and Institutions Code, upon obtaining a written advisory
opinion from the United States Department of Labor as described in
Section 20057.1.
   (3) A public or private nonprofit corporation described in this
subdivision shall be deemed a "public agency" only for purposes of
this part and only with respect to the employees of the regional
center or the rehabilitation facility described in this subdivision.
Notwithstanding any other provision of this part, the agency may
elect by appropriate provision or amendment of its contract not to
provide credit for service prior to the effective date of its
contract.
   (l) Independent data-processing centers formed pursuant to former
Article 2 (commencing with Section 10550) of Chapter 6 of Part 7 of
the Education Code, as it read on December 31, 1990.  An agency
included pursuant to this subdivision shall only provide benefits
that are identical to those provided to a school member.
   (m) Any local agency formation commission.
   (n) A nonprofit corporation organized for the purpose of and
engaged in conducting a citrus fruit fair as defined in Section 4603
of the Food and Agricultural Code.
   (o) (1) A public or private nonprofit corporation that operates an
independent living center providing services to severely handicapped
people and established pursuant to federal P.L. 93-112, that
receives the approval of the board, and that provides at least three
of the following services:
   (A) Assisting severely handicapped people to obtain personal
attendants who provide in-home supportive services.
   (B) Locating and distributing information about housing in the
community usable by severely handicapped people.
   (C) Providing information about financial resources available
through federal, state and local government, and private and public
agencies to pay all or part of the cost of the in-home supportive
services and other services needed by severely handicapped people.
   (D) Counseling by people with similar disabilities to aid the
adjustment of severely handicapped people to handicaps.
   (E) Operation of vans or buses equipped with wheelchair lifts to
provide accessible transportation to otherwise unreachable locations
in the community where services are available to severely handicapped
people.
   (2) A public or private nonprofit corporation described in this
subdivision shall be deemed a "public agency" only for purposes of
this part and only with respect to the employees of the independent
living center.
   (3) Notwithstanding any other provisions of this part, the public
or private nonprofit corporation may elect by appropriate provision
or amendment of its contract not to provide credit for service prior
to the effective date of its contract.
   (p) A hospital that is managed by a city legislative body in
accordance with Article 8 (commencing with Section 37650) of Chapter
5 of Part 2 of Division 3 of Title 4.
   (q) (1) Except as provided in paragraph (2), "public agency" also
includes any entity formed pursuant to the Federal Job Training
Partnership Act of 1982 (29 U.S.C. Sec. 1501 et seq.) or Division 8
(commencing with Section 15000) of the Unemployment Insurance Code.
   (2) "Public agency," for purposes of this part, does not include a
private industry council as set forth in the Federal Job Training
Partnership Act of 1982 (29 U.S.C. Sec. 1501 et seq.) or Division 8
(commencing with Section 15000) of the Unemployment Insurance Code.
   (r) The Tahoe transportation district that is established by
Article IX of Section 66801.
   (s) The California Firefighter Joint Apprenticeship Program formed
pursuant to Chapter 4 (commencing with Section 3070) of Division 3
of the Labor Code.
   (t) A public health department or district that is managed by the
governing body of a county of the 15th class, as defined by Sections
28020 and 28036, as amended by Chapter 1204 of the Statutes of 1971.

   (u) A nonprofit corporation or association conducting an
agricultural fair pursuant to Section 25905 may enter into a contract
with the board for the participation of its employees as members of
this system, upon obtaining a written advisory opinion from the
United States Department of Labor as described in Section 20057.1.
The nonprofit corporation or association shall be deemed a "public
agency" only for this purpose.
   (v) An auxiliary organization established pursuant to Article 2.5
(commencing with Section 69522) of Chapter 2 of Part 42 of the
Education Code upon obtaining a written advisory opinion from the
United States Department of Labor as described in Section 20057.1.
The auxiliary organization is a "public agency" only for this
purpose.
   (w) The Western Association of Schools and Colleges upon obtaining
a written advisory opinion from the United States Department of
Labor as described in Section 20057.1.  The association shall be
deemed a "public agency" only for this purpose.
